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(영문) 대구지방법원포항지원 2020.09.23 2020고단914
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2016, the Defendant was sentenced to four years and eight months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on August 26, 2016.

【Criminal Facts】

1. Fraud;

A. Around October 2014, the Defendant entered into a credit card payment account with the victim B, who was aware of the Defendant’s knowledge that he would obstruct the human test construction at an influent place (hereinafter referred to as the “Influence”) and was in close friendship, the card is necessary if he would purchase the construction materials by performing an act without a credit card in the current bad condition. If C card and D card are lent to B, the card will be used first, and then the card will be repaid thereafter.”

However, in fact, the Defendant was under difficult circumstances, such as seizure of the account in the name of the Defendant due to bad credit holders at the time, and there was no intention to purchase the construction materials due to the lack of the fact that the construction contract was made, and was merely intended to use the relevant card for living expenses, etc., and did not have any intention or ability to pay the credit card payment even if it

As such, the Defendant: (a) by deceiving the victim; (b) received a copy of C Card 2 and D Card 1 from the victim’s name; (c) used a total of KRW 2,33,800 with the said C Card from June 14, 2015 to July 13, 2015; and (d) used a total of KRW 2,861,459 with the said D Card from June 22, 2015 to July 21, 2015.

Accordingly, the Defendant, by deceiving the victim, obtained pecuniary benefits from the use of credit cards equivalent to KRW 5,195,259.

B. On January 24, 2015, the defrauded of the purchase title of equipment, the Defendant called the victim at a place where it is unknown to him/her, and concluded that “The construction equipment was fit for the order to undertake remodeling construction of the apartment complex and to receive the down payment, as far as the apartment located in Youngcheon E..” If the equipment was not immediately executed, the Defendant would be able to pay the down payment without mold if he/she lends the money to purchase the equipment.”

However, it is true.

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